Utility Models Cancellation & Infringement

In Tanzania, any interested party may commence action to nullify a utility model registration. Grounds for nullification include:

• model lacks required novelty;
• lack of inventive step;
• model not applicable in industry;
• model otherwise not registrable; and
• insufficient disclosure in the specification and drawings.

Nullification works retroactively from the date of filing the application. Partial nullification is possible. Utility model protection is established with the grant is made and then works retroactively to the date of filing the application.

The extent of utility model protection is determined by the claims. The claims may be interpreted only on the basis of the specification and drawings. Utility model protection will cover not only a product in which all the characteristics of the claims are realized, but also a product in which one or more characteristics of the claim are replaced by an equivalent characteristic. An element in this context may be deemed equivalent if it solves the same problem in essentially the same manner and with the same result.

The following acts performed by a third party without the consent of the owner of a utility model registration are considered infringement: the manufacture, use or importation for commercial purposes or the marketing of the subject matter of the protected utility model. The provisions on infringement actions are in principle the same as those applicable in the case of patents. A declaration of non-infringement may be obtained as in the case of patents.

If the registered utility model has been taken unlawfully, the injured party or his successor in title may claim a statement to the effect that he is entitled wholly or partly to the utility model and may claim damages in tort or contract law depending on the relationship between the parties.